WE SURVEYED THE FIFTY STATE ATTORNEYS GENERAL in the United States and
asked them what criminal charges might be applicable to pregnant women who
expose fetuses to "prenatal hazards." As of July 1992, no state had a law on the
books that made it a crime for a pregnant woman to expose her child to any potentially damaging drug, substance, or prenatal hazard. Yet we found a wide array of policies toward substance abuse during pregnancy, including local prosecutors who utilize a number of existing child welfare statutes to charge pregnant
substance abusers.

We ascertained the treatment for pregnant defendants that sixteen attorneys
general recommended to state prosecutors or district attorneys in this rapidly
developing legal area. Numerous offices were quite helpful; some had no authority to provide guidance to state prosecutors; others stated reluctance to participate in this survey because policy in their state was not fully formulated. In
some instances, attorneys general did not complete the survey because fetal endangerment is a political hot potato and generally difficult to address. In order to
broaden our information base, we also contacted and requested information
from various interest groups and government agencies.
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